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America's unwritten constitution : the precedents and principles we live by / Akhil Reed Amar.

By: Material type: TextTextLanguage: English Publication details: New York : Basic Books, 2015.Description: xvi, 615 pages : illustrations ; 24 cmISBN:
  • 9780465064908
  • 0465064906
Subject(s): DDC classification:
  • 342.7302/9
LOC classification:
  • KF 4541 A485a 2015
Contents:
Reading between the lines: America's implicit Constitution Heeding the deed: America's enacted Constitution Hearing the people: America's lived Constitution Confronting modern case law: America's "warrented" Constitution Putting precedent in its place: America's doctrinal Constitution Honoring the icons: America's symbolic Constitution "Remembering the ladies" : America's feminist Constitution Following Washington's lead: America's "Georgian" Constitution Interpreting government practices: America's institutional Constitution Joining the party: America's partisan Constitution Doing the right thing: America's conscientious Constitution Envisioning the future: America's unfinished Constitution Afterward Appendix: America's written Constitution
Summary: "Despite its venerated place atop American law and politics, our written Constitution does not enumerate all of the rules and rights, principles and procedures that actually govern modern America. The document makes no explicit mention of cherished concepts like the separation of powers and the rule of law. On some issues, the plain meaning of the text misleads. For example, the text seems to say that the vice president presides over his own impeachment trial, but surely this cannot be right. As the author, a legal scholar explains, the solution to many constitutional puzzles lies not solely within the written document, but beyond it, in the vast trove of values, precedents, and practices that complement and complete the terse text. In this sequel to America's Constitution: A Biography, the author takes readers on a tour of our nation's unwritten Constitution, showing how America's foundational document cannot be understood in textual isolation. Proper constitutional interpretation depends on a variety of factors, such as the precedents set by early presidents and Congresses; common practices of modern American citizens; venerable judicial decisions; and particularly privileged sources of inspiration and guidance, including the Federalist papers, William Blackstone's Commentaries on the Laws of England, the Northwest Ordinance of 1787, Lincoln's Gettysburg Address, and Martin Luther King, Jr.'s "I Have a Dream" speech. These diverse supplements are indispensible instruments for making sense of the written Constitution. When used correctly, these extra-textual aids support and enrich the written document without supplanting it. This work presents a new vision of the American constitutional system, showing how the complementary relationship between the Constitution's written and unwritten components is one of America's greatest and most enduring strengths."--Publisher
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Holdings
Item type Current library Home library Collection Shelving location Call number Copy number Status Barcode
Libro Libro Biblioteca Juan Bosch Biblioteca Juan Bosch Ciencias Sociales Ciencias Sociales (3er. Piso) KF 4541 A485a 2015 (Browse shelf(Opens below)) 1 Available 00000127008

Includes bibliographical references and index.

Reading between the lines: America's implicit Constitution
Heeding the deed: America's enacted Constitution
Hearing the people: America's lived Constitution
Confronting modern case law: America's "warrented" Constitution
Putting precedent in its place: America's doctrinal Constitution
Honoring the icons: America's symbolic Constitution
"Remembering the ladies" : America's feminist Constitution
Following Washington's lead: America's "Georgian" Constitution
Interpreting government practices: America's institutional Constitution
Joining the party: America's partisan Constitution
Doing the right thing: America's conscientious Constitution
Envisioning the future: America's unfinished Constitution
Afterward
Appendix: America's written Constitution

"Despite its venerated place atop American law and politics, our written Constitution does not enumerate all of the rules and rights, principles and procedures that actually govern modern America. The document makes no explicit mention of cherished concepts like the separation of powers and the rule of law. On some issues, the plain meaning of the text misleads. For example, the text seems to say that the vice president presides over his own impeachment trial, but surely this cannot be right. As the author, a legal scholar explains, the solution to many constitutional puzzles lies not solely within the written document, but beyond it, in the vast trove of values, precedents, and practices that complement and complete the terse text. In this sequel to America's Constitution: A Biography, the author takes readers on a tour of our nation's unwritten Constitution, showing how America's foundational document cannot be understood in textual isolation. Proper constitutional interpretation depends on a variety of factors, such as the precedents set by early presidents and Congresses; common practices of modern American citizens; venerable judicial decisions; and particularly privileged sources of inspiration and guidance, including the Federalist papers, William Blackstone's Commentaries on the Laws of England, the Northwest Ordinance of 1787, Lincoln's Gettysburg Address, and Martin Luther King, Jr.'s "I Have a Dream" speech. These diverse supplements are indispensible instruments for making sense of the written Constitution. When used correctly, these extra-textual aids support and enrich the written document without supplanting it. This work presents a new vision of the American constitutional system, showing how the complementary relationship between the Constitution's written and unwritten components is one of America's greatest and most enduring strengths."--Publisher

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